Ticketing Terms and Conditions

Introduction

Big Concerts International (Pty) Ltd (“we”, “us” or “BCI”) is a promoter of live entertainment events (“Event”, “Events”). Tickets (“Tickets”) for Events are sold by BCI to purchasers through our website ("BCOS") or other ticketing agents. Notwithstanding the terms and conditions of such ticketing agents which may apply to the sale of a Ticket for a particular Event, by purchasing and/or holding and/or being in possession of a Ticket or Tickets, the holder of the Ticket (“Ticket holder”, “you”, “your”) agrees to and is bound by these terms and conditions (“Ticketing Terms”).

We further encourage you to contact the Venue and/or visit the Venue website and/or the Venue box office for their most recent terms and conditions.

The provisions of these Ticketing Terms are for the benefit of our ticketing agents and/or BCOS and/or the Venue by way of contract for the benefit of a third party and may be accepted by the ticketing agents and/or BCOS and/or the Venue at any time.

If you are under the age of 18, you must obtain your parents’ or legal guardians’ prior authorisation, permission and consent to attend an Event.

All clauses in the Ticketing Terms indicated in BOLD are provisions which limit the risk or liability of BCI and/or BCOS and constitute an assumption of risk or liability by you, impose an obligation on you to indemnify BCI and/or BCOS or is an acknowledgement of a fact by you, and are therefore drawn to your attention. You should pay particular attention to such clauses and consider them carefully.

The Ticketing Terms

1. Each Ticket you purchase from BCI through a ticketing agent or through BCOS is intended to give you a revocable license (or right) to entry and attendance of the particular Event only to which the Ticket pertains. Each Ticket holder has a right to a seat or standing place in relation to the stage, of a value corresponding to that stated on the Ticket holder’s Ticket. BCI and the Venue reserve the right to provide alternative seats or standing place to those specified on the Ticket.

2. A Ticket does not afford the Ticket holder the right to transport to the Venue, or parking, or merchandise, or any food or beverages at the Venue, unless otherwise stated. Other independent service providers might render services relating to transport, parking, merchandise, food or beverages at the Venue and in such circumstances, the terms and conditions of such service providers will apply between it and persons who make use of such products or services.

3. You must produce a valid Ticket to gain entry to the Venue and you must produce that Ticket for inspection upon request from an Event official at any time. Failure to produce such Ticket when requested may result in you being denied access to the Venue or in you being removed from the Venue.

4. Tickets are not transferable and cannot be resold or offered for resale (including on-line auction sites) or used for commercial purposes including advertising, competitions, contests, sweepstakes, promotions, or used, sold or given away in conjunction with other products or services (such as part of a travel or hospitality package) without the express written permission of BCI in advance. If this condition is breached the Ticket may be cancelled without refund or compensation and the bearer of the Ticket may be refused entry or removed from the Venue.

5. Any Tickets brought from unauthorised agents or third parties are not valid and admission to an Event on the strength of such Tickets will not be permitted. All Tickets remain the property of BCI at all times and constitute a personal revocable license from BCI to the Ticket holder which may be withdrawn by BCI and admission refused at any time upon refunding the printed purchase price of the Ticket.

6. We reserve the right to restrict the sale of Tickets to a maximum number per person, per credit card and/or per household and to cancel any Tickets purchased in excess of this number.

7. If an error is made in the price of Tickets ordered by you, you will be notified by us as soon as possible and we will give you the option to either (a) reconfirm your Ticket order at the correct price; or (b) cancel your Ticket order and receive a full refund from us.

8. It is your responsibility to (i) ensure that your Tickets are collected by or delivered to you before the date of the Event; (ii) keep your Tickets safe prior to the Event; and (iii) check your Tickets and to ascertain the date and the time of the Event and if applicable, any rescheduled Event. Event dates and times are subject to change. We refer you to the Ticket Purchase Agreement which contains detailed provisions relating to the collection and delivery of Tickets purchased through BCOS. Neither BCI nor BCOS is responsible or liable should you fail to obtain your Tickets timeously or for any Tickets that are lost, stolen or damaged.

CANCELLATION POLICY

9. You are entitled to cancel your purchase of and return your Ticket(s) at any time prior to the scheduled date of the Event to which the Ticket(s) apply by contacting the ticketing agent or BCI (whichever is applicable) and arranging such cancellation and return, subject to the following:

9.1 All tickets purchased before 16 February 2017

9.1.1. Following receipt of the returned Tickets, the face value paid for the Tickets will be refunded to you, subject thereto that if such a cancellation occurs less than thirty (30) days prior to the Event, a 100% (hundred) percent cancellation fee calculated on the face value of the Ticket will apply. Notwithstanding the above, if you can provide us with proof that the person in whose name a Ticket was issued will not be able to attend the Event because of his or her death or hospitalisation, no cancellation fee will apply in respect of that Ticket.

9.2. All tickets purchased from 16 February 2017

9.2.1. If you qualify as a “Consumer” as defined in the Consumer Protection Act, 2008:

9.2.1.1 If you cancel your purchase of and return your Ticket(s) within 7 (seven) days of purchase, you will be entitled to a full refund of the face value of the ticket.

9.2.1.2. If you cancel your purchase of and return your Ticket(s) more than 7 (seven) days after the date on which the ticket was purchased, you will be entitled to a refund of the face value of the ticket less a reasonable cancellation charge, calculated as follows:

9.2.1.2.1. for Ticket(s) returned up to 120 days prior to the event date, a reasonable cancellation charge of 15% (fifteen percent) will apply;

9.2.1.2.2. for Ticket(s) returned up to 90 days prior to the event date, a reasonable cancellation charge of 30% (thirty percent) will apply;

9.2.1.2.3. for Ticket(s) returned up to 60 days prior to the event date, a reasonable cancellation charge of 50% (fifty percent) will apply;

9.2.1.2.4. for Ticket(s) returned less than 60 days prior to the event date, a reasonable cancellation charge of 100% (one hundred percent) will apply;

9.2.1.3. No refund shall be issued in respect of a cancelled purchase unless the original Ticket(s) are returned.

9.2.1.4. You hereby acknowledge and agree that the aforementioned cancellation charges constitute reasonable charges as contemplated in the Consumer Protection Act, 2008.

9.2.1.5. Notwithstanding the above, if you can provide us with proof that the person for whom, or whose benefit a Ticket was purchased will not be able to attend the Event because of his or her death or hospitalisation, no cancellation fee will apply in respect of that Ticket.

9.2.2. If you do not qualify as a “Consumer” as defined the Consumer Protection Act, 2008:

9.2.2.1 If you cancel your purchase of and return your Ticket(s) within 7 (seven) days of purchase, you will be entitled to a full refund of the face value of the ticket;

9.2.2.2 After the expiry of the aforementioned 7 (seven) day period after the date on which the Ticket(s) was purchased, you will have no right to cancel your purchase of and return your Ticket(s).

9.2.2.3. for Ticket(s) returned up to 60 days prior to the event date, a reasonable cancellation charge of 50% (fifty percent) will apply;

9.2.2.4. for Ticket(s) returned less than 60 days prior to the event date, a reasonable cancellation charge of 100% (one hundred percent) will apply;

9.2.3. No refund shall be issued in respect of a cancelled purchase unless the original Ticket(s) are returned.

9.2.4. You hereby acknowledge and agree that the aforementioned cancellation charges constitute reasonable charges as contemplated in the Consumer Protection Act, 2008.

9.2.5. Notwithstanding the above, if you can provide us with proof that the person for whom, or whose benefit a Ticket was purchased will not be able to attend the Event because of his or her death or hospitalisation, no cancellation fee will apply in respect of that Ticket.

10. Your purchase of Tickets is subject to our right to cancel or reschedule an Event at any time, or to alter or vary the programme of an Event, due to circumstances beyond our reasonable control. Where we alter or vary the programme of an Event, we shall not be obligated to refund any Ticket monies or exchange your Tickets. Please note that if an opening act or guest artist is changed or cancelled, the event is not considered cancelled and you will not be entitled to a refund or exchange. Neither we, a ticketing agent, BCOS nor any other person shall have any liability to you to refund the purchase price of a Ticket in circumstances where an Event is cancelled due to circumstances beyond our reasonable control.

11. If an Event is rescheduled or cancelled, we will use our reasonable endeavours to notify you as soon as reasonably possible thereof (including notifying you of the details of any rescheduled Event) by publishing the details of the rescheduled or cancelled Event, as the case may be, on the website located at the domain name http://www.bigconcerts.co.za (the “Website”) and by e-mail and short message service (“SMS”) notification to the contact details which you provide at the time of the purchase of Tickets. It is therefore important that you provide the ticketing agent or BCOS (whichever is applicable) with your correct contact details at the time of the purchase of Tickets. If the Event is to be rescheduled, you will be offered a Ticket for the rescheduled performance of the Event (subject to availability and you having provided us with correct contact details). Should you not wish to attend such a rescheduled performance of the Event, you will be required, for purposes of safety and security planning in respect of the Event, to notify the ticketing agent through which you purchased your ticket, or alternatively our customer service centre at +27 11 759 7215 or [email protected], of your intention to not attend that Event. You may give such notification by way of verbal confirmation, e-mail or SMS notification, which notification must be received by the date published on the Website and by e-mail and SMS notification to the contact details which you provide at the time of the purchase of Tickets. Should you give notification as stated above or if the Event is not rescheduled, you shall be entitled to a refund of the face value of the Ticket. If the relevant Event is only partially cancelled (eg if it is a multi-day Event and only one day is cancelled), we shall give you a partial refund corresponding to the proportion of the Event cancelled. Any refund referred to herein must be claimed by you by contacting the ticketing agent or BCOS (whichever is applicable) to arrange the return of your unused Ticket and receive the refund.

12. The following restrictions will apply to your attendance at an Event and your breach of any of these may lead to you being ejected from the Venue:

12.1. Appropriate standards of behaviour are expected of all persons attending an Event and persons deemed to be behaving in a manner that is dangerous or unacceptable in the opinion of BCI or its agents or contractors, will be refused admission and/or removed from the Venue with no refund on the Ticket. Activities such as ‘stage diving’, ‘moshing’, ‘climbing’ and ‘crowd surfing’ are strictly prohibited for your own safety.

12.2. In order to facilitate the security, safety and comfort of all patrons, we reserve the right in our reasonable discretion to conduct security searches of persons, clothing, bags and all other items on entry and exit of a Venue, to confiscate items which may cause danger or disruption to the Event or to other patrons or that are in breach of the Ticketing Terms and/or to refuse admission and/or to refund the Ticket face value if we have reasonable grounds to do so.

12.3. Ticket holders may be ejected from the Venue if, in the reasonable opinion of BCI or its agents or any contractors appointed by BCI, or the Venue, the Ticket holder is a risk to the safety of any patron and/or may affect the enjoyment of other patrons and/or the running of the Event or may cause damage, nuisance or injury. Examples include being (or appearing to be) drunk, incapable, intoxicated or under the influence of illegal drugs, under-age (where relevant), abusive, threatening, behaving anti-socially, carrying offensive weapons or illegal substances, declining to be searched or in breach of any of these Ticketing Terms or the terms and conditions of the Venue.

12.4. There are to be no pass-outs or re-admissions after you exit the gates of a Venue (after entry) and you will not be permitted to re-enter the Venue.

12.5. The following items are not permitted to be brought into a Venue:

12.5.1. Glass bottles or containers or other heavy and/or sharp objects, which could potentially be used as projectiles (excluding sunglasses, binoculars and prescription or reading glasses)

12.5.2. Any illegal drugs

12.5.3. Skateboards, scooters, roller blades or bicycles

12.5.4. Knives, weapons of any nature or fireworks

12.5.5. Any object that could be used to distract, hinder or interfere with any performer, including laser pointers and flashlights

12.5.6. Flags with poles, large flags or banners that may obstruct the view of other patrons

12.5.7. Any whistle, horn, musical instrument, loud hailer, public address system or vuvuzela

12.5.8. Digital, electronic or other recording or broadcast device

12.5.9. Any item that you intend to distribute, hawk, sell, offer, expose for sale or display for marketing or promotional purposes

12.5.10. No animals apart from authorised guide/assistance dogs

12.5.11. Any dangerous goods and any other items by management to be dangerous or capable of causing a public nuisance

12.5.12. Professional cameras or video recorders

12.5.13. Umbrellas (unless there is an obvious threat of rain), in which case small umbrellas will be permitted but no golf or beach umbrellas

12.5.14. Braais or barbeques

12.5.15. Camping Chairs

12.5.16. Cooler Boxes

12.5.17. Food and refreshments (including soft drinks and alcohol).

12.6. Please note that in seated areas, other members of the audience may stand up during the Event.

12.7. Smoking is not permitted in the Venue.

12.8. The unauthorised use of photographic, video and/or sound recording equipment is prohibited.

12.9. Efforts will be made to admit latecomers at an appropriate break in the performance of the Event. Entry will not be permitted if it will disrupt the performance.

13. If you are a disabled person, you are requested to inform BCI and BCI, its agents and contractors will use their reasonable endeavours to accommodate and assist you at the Event, subject to their capacity to do so, and the confines and layout of the Venue facilities.

14. All children attending an Event must be in possession of a valid Ticket. Events may be age-restricted and it is the responsibility of the Ticket holder to check age restrictions to an Event before purchasing a Ticket. In any case, unless indicated otherwise, a responsible adult must accompany children 14 years of age and under.

15. Please note that CCTV and film cameras may be present at the Venue. By purchasing Tickets and attending the Event, you consent to being filmed, photographed, videotaped, or otherwise recorded, and that your name, voice and likeliness may be broadcasted, displayed or distributed (commercial or otherwise) without any compensation being paid to you.

16. You voluntarily assume all risks and dangers incidental to an Event, whether occurring before, during or after the Event, and you waive any claims for loss, damage, personal injury or death against BCI, the management of BCI, any agent of BCI, the performing artist(s), participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any minor accompanying you or for whom you purchased a Ticket.

17. Neither the Venue nor BCI can accept responsibility for damage to or loss of any personal property at an Event.

18. You bear the risk of inclement weather.

19. To the fullest extent possible in law, we do not accept liability for and you will have no claim in respect of:

19.1. any errors relating to the location of your seat or standing place relative to the stage as indicated on the seating plan prepared for the Venue; or

19.2. the quality of the view from your seat or standing place; or

19.3. the lack of or inadequacy of parking at the Venue; or

19.4. any problems relating to the adequacy of traffic control to and from the Venue; or

19.5. the lack of or inadequacy of food and beverages at the Venue; or

19.6. the quality of sound and lighting at the Event; or

19.7. the quality of any services provided by independent contractors at the Venue.

20. You agree and acknowledge that neither BCOS nor BCI nor any of its agents have guaranteed or made any warranties or representations to you in relation to the accuracy of the location of your seat or standing place relative to the stage as indicated on the seating plan prepared for the Venue, the availability of parking at the Venue and/or the adequacy of traffic control to or from the Venue.

21. If any provision of these Ticketing Terms is or becomes illegal, invalid or unenforceable in any jurisdiction that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Ticketing Terms; or the legality, validity or enforceability in any other jurisdiction of that or any other provision of these Ticketing Terms.

22. No indulgence which BCI or any of its agents and/or contractors (the “Grantor”) may grant to you and/or the Ticket holder (the “Grantee”) shall constitute a waiver of any of the rights of the Grantor, who shall not thereby be precluded from exercising any rights against the Grantee which might have arisen in the past or which might arise in the future.

23. These Ticketing Terms cancel and supersede all prior negotiations and previous agreements, understandings and arrangements, whether written or oral, between you and BCI or any of its agents and/or contractors.

24. These Ticketing Terms constitute the whole agreement between you and/or the Ticket holder and BCI in respect of the subject matter hereof and no addition to or variation or novation of this agreement shall be of any force or effect, unless reduced to writing and signed by the above parties or their duly authorised representatives.

25. These Ticketing Terms shall be governed by South African Law and be subject to the exclusive jurisdiction of the South African courts.

General
26. If you experience any problems at the Event, please contact a steward or duty manager as it may not be possible to resolve issues after the Event.

27. In case of emergency please follow instructions and directions from stewards, staff and/or other officials.

28. Please note that loud music at Events can damage hearing.

29. The staging of all events is subject to obtaining the relevant licences.

30. When purchasing alcohol at a Venue, if you appear to be under the age of 18 you may be asked for proof of age.

31. Official merchandise is only available from BCOS and/or outlets within the Venue. Please beware of unofficial traders offering inferior and illegal goods.